The Department of Justice (DOJ) allegedly took materials that contained privileged attorney-client communications in its raid last Monday on former President Donald Trump’s home at Mar-a-Lago, Florida.
The claim, reported by Fox News, raises new questions about the DOJ’s tactics, as well as doubts about whether the DOJ would be able to use any of the seized materials in a hypothetical prosecution of the former president.
The DOJ is apparently opposing the appointment of a “special master,” a judicial official who would conduct an independent review and decide which materials could be handed over to the government and which materials would have to be returned to Trump and his attorneys.
Fox News reported:
The FBI seized boxes containing records covered by attorney-client privilege and potentially executive privilege during its raid of former President Trump’s Mar-a-Lago home, sources familiar with the investigation told Fox News, adding that the Justice Department opposed Trump lawyers’ request for the appointment of an independent, special master to review the records.
Sources familiar with the investigation told Fox News Saturday that the former president’s team was informed that boxes labeled A-14, A-26, A-43, A-13, A-33, and a set of documents—all seen on the final page of the FBI’s property receipt —contained information covered by attorney-client privilege.
The FBI seized classified records from Trump’s Palm Beach home during its unprecedented Monday morning raid, including some marked as top secret. But the former president is disputing the classification, saying the records have been declassified.
The attorney-client privilege, protected under the right to counsel guaranteed by the Sixth Amendment to the U.S. Constitution, means that almost any communications from a client to his or her attorney cannot be revealed.